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newsletter issue2 • 2016
in this issue...
Y
our website is the shop front
to your business, and in this
digital age, it’s vital to make a
good impression and catch your
customers at first glance. Dated
text, poor graphics and shabby
design can give visitors to your
website a lasting perception of your
company as one they cannot trust
to provide a good quality service or
do a professional job.
In contrast, having a professional
online presence will immediately
reassure a potential client that your
business is reliable and
responsive, and that you offer great
service. Your website should be
welcoming and easy to use. As well
as giving a great introduction to
your brand, a professional website
design will set you ahead of the
competition and help you to stand
out from the crowd.
tax briefs page 3 • what makes a great company name? page 4
business briefs page 5 • legal requirements for online sales / income protection page 6
legal briefs page 7 • the uk brexit dilemma page 8
Continued
Chartered Accountants & Registered Auditors
Holly Mews, 29A Dartry Road, Dublin 6
Tel: +353 (0)1 4967299
Email: info@okc.ie
www.okc.ie
2
MAKE YOUR
BUSINESS STAND
OUT ONLINE WITH
A POSITIVE FIRST
IMPRESSION!
THERE ARE A FEW SPECIFIC ELEMENTS THAT ARE
ESSENTIAL WHEN YOU’RE CREATING A BUSINESS
PRESENCE ONLINE:
1. Your website. The website you create for your
business is your online persona and it’s important to
consider how you want the world to view you and your
work. Presenting the right image here will be vital in
getting your digital marketing plan to work for you. A
professional website design can help you to create the
look you want.
2. Your Google listing. Have you searched for your
companynameonline?Youshouldcheckthatallresults
that appear in search engines are correct, and that the
details and images that appear are complimentary to
your organisation.
3.Yourcompanysocialmediaprofile.Youshouldcheck
thatalldetails,logosandimagesarecorrect,evenifyour
profiles are not active. Dormant accounts are often
subject to profile hacking so you must ensure that you
are in control of your profiles – and preferably using
them to boost your web presence!
4.Yourpersonalsocialmediaprofiles.Potentialclients
will often research you as well as your company, so be
sure that the public elements of your personal profiles
present the type of image you want to portray.
Tips to Improve Your Web Presence
j Be current. Make sure your website and other web
properties are kept up to date, and don’t leave old
events, promotions or news in prominent positions on
your site.
j Keep it fresh. Redesign, update and modernise
regularly, and make sure that you do this
professionally. Websites should be reviewed on a
constant basis, but should have a significant redesign
at least every three years.
j Be vigilant. Regularly check your site for errors,
including broken links and missing images. It’s a good
idea to have something in place to alert you if your site
is down.
j Be consistent. Make sure your company details are
consistent across all platforms listed above, and check
this via Google searches.
j Check your branding. Ensure that you are using the
same logos, branding and images across all platforms.
An easily identifiable logo that looks professional and
pulls all of your online marketing together is a great
way to build a loyal brand following and improve the
name of your business online.
j Measure performance. In order to really make the
most of your online presence, you need to be able to
understand how it is working for you and your
business. Even at a very basic level, you should know
how many people are visiting your site and what they
are looking at. This can help you to understand how
visitors react to your site and can help to identify areas
that may be problematic.
Are You Proud of Your Website?
Thebestwaytoapproachyourdigitalmarketingistolookat
your website and other web properties and ask yourself
whether you are proud to show them to your clients. If the
answer is no, it’s time for a change!
john@epresence.ie
PAY AND FILE SUMMARY
The following is a summary of upcoming pay and file dates:
INCOME TAX
Filingdateof2015returnofincome
(self-assessedindividuals) 31October2016
Paypreliminaryincometaxfor2016
(self-assessedindividuals) 31October2016
On-Linepayandfiledatefor2015
returnofincome 10November2016
CAPITAL GAINS TAX
PaymentofCapitalGainsTaxfor
thedisposalofassetsmadefrom
1January2016to30November2016 15December2016
CORPORATION TAX
FilingdateforCorporationTaxreturns
foraccountingperiodsending
inAugust2015 21May2016
BalancingpaymentofCorporationTax
foraccountingperiodsending
inAugust2015 21May2016
TERMINATION OF CARRY FORWARD
OF CERTAIN UNUSED CAPITAL
ALLOWANCES
With effect from 1 January 2015, any unused accelerated
capital allowances on certain schemes, which are carried
forward beyond the "tax life" of the building or structure to
whichtheyrelate,areimmediatelylost.Thisessentiallymeans
thatifthe“taxlife”hasendedatanytimeuptotheendof2014,
then the unused allowances are lost in 2015. Where the “tax
life”isduetoendlaterthan2014,thentheallowancesarelost
intheyearfollowingtheendofthe"taxlife".
Taxpayers are reminded when preparing Capital
Allowances Computations in order to complete the Form
11 or CT1 for 2015, they should adjust the 2014 carried
forwardamounttoexcludeanybuildingorstructurewhose
“tax life” has ended in 2014 or prior.
Itislikelythatthisrestrictionwillresultinconsiderably
higher income tax liabilities for those affected. To that end
youshouldconsultwithyouradvisorassoonaspossibleto
establish how this will affect you, ahead of the income tax
deadlines in October.
eTAX CLEARANCE
The office of the Collector General has assumed
responsibility for tax clearance from 1 April 2016. Tax
clearance certificates can be applied for using the e-Tax
clearance system on ROS for business customers or via
MyAccount for PAYE.
However, where a taxpayer experiences any difficulties
inusingthenewe-TaxClearancesystemorhasanyqueries
inregardtotaxclearancegenerally,contactshouldbemade
with the Collector-General’s office at telephone number
1890 20 30 70 or by writing to the Office of the Collector-
General,SarsfieldHouse,FrancisStreet,Limerick.Contact
with the Collector-General’s office can also be made
via MyEnquiriesifthetaxpayerisregisteredfortheservice.
taxbriefs j
3
HRI ELECTRONIC SYSTEM
The Home Renovation Incentive (HRI) scheme provides for
tax relief for homeowners by way of an income tax credit at
13.5% of qualifying expenditure on repairs, renovations or
improvements carried out to the Homeowners main home
by qualifying contractors.
A homeowner cannot claim a tax credit if details of the
works done and payment information is not logged online
by the contractor. The HRI electronic system is available on
the Revenue website to enable homeowners to check if a
contractor is tax compliant. Contractors can enter details
of qualifying works and payment received through the HRI
incentive link on ROS.
The HRI scheme was due to end on 31 December 2015,
however it has been extended to 31 December 2016.
Homeownersareurgedtocheckon-linetoseeiftherelevant
details have been updated prior to claiming the tax credit.
REVERSE CHARGE &
CONSTRUCTION SECTOR
Revenue has increased its focus on the compliance risks
in the Construction Sector in recent months, with a greater
number of desk audits and site visits. Some of the issues
being raised are:
j Failure on the part of the Principal contractor to self
account for the VAT.
j Incorrect completion of the VAT invoice/document by
the Sub-contractor.
j Application of the two thirds rule where the VAT
Reverse Charge applies.
j Completing the VAT 3 incorrectly (ignoring the reverse
charge altogether).
j Failure to apply the VAT Reverse Charge where there
is a construction supply between connected parties.
Revenuehasadvisedthatthey
will be paying particular
attention to how VAT Reverse
Charge is being operated over
the coming months and
penalties will be applied
where appropriate.
4
Thenameofacompany,orindeedofanybusiness,isprobably
the most important starting point in its marketing strategy.
Get a company name right and you have a good start in
promoting a business, but get it wrong and you will face an
almost insurmountable obstacle in attracting customers.
This issue is so important that in the US, the naming of
companiesandproductshasbecomeanindustryinitsownright
withsizablefeesbeingchargedtogetanamethatisjustright.
So here are some points to remember when coming up
with a name for a new company:
ITSHOULDBEDESCRIPTIVE,ASSHORTASPOSSIBLE,ANDEASYTOPRONOUNCE
Ideally it should try and describe what the company does. It
should have two or three syllables (or even one), so that it will
workonthephoneorinternetevenifpeoplehaveneverheard
orseenitbefore.Iftheyhavetobetoldhowtospellitonce,that
isOK(andmayevenhelpwithrecall).Butiftheyhavetobetold
a second time, that is not good. Make sure to test a new name
with friends and family.
APPLY GOOD ALLITERATION
If you do have to use a name that is long then try and create it
with good alliteration. The most famous brand in the world –
Coca Cola runs to four syllables, but is memorable because it
rolls off the tongue.
AVOID ABBREVIATIONS
MostpeoplewillknowwhoIBM,HSBC,NBCanddarewesayit
AIBareandwhattheydo,butrememberthesecompanieshave
spentmanyyearsandmanymillionsindevelopingtheir‘brand’.
Alsoavoidlongnamesthatcan,unintentionally,bereducedto
just initials e.g. Ace Clerical Recruitment becomes “ACR” and
loses its meaning.
TRY NOT TO BE TOO PAROCHIAL
Most start-up businesses initially operate in local markets.
However, if you are marketing to customers that are nearby
chances are they already know you. So, giving your company
name a geographical element can be quite limiting when you
expand beyond your locality. For example ‘Ennis Roofing
CompanyLimited’isunlikelytoattractcustomersfromDublin,
Donegal or Cork even though they may provide a nationwide
service.
TRY NOT TO BE TOO GRANDIOSE
On the other side of the equation a name such as “Premium
Worldwide International Widget Company limited” may invite
scepticism, especially if the registered office is somebody’s
garage!
CHOOSE A NAME THAT WILL NOT ‘AGE’
Acompanynamewillusuallybecomedatedifitisconnectedto
aparticulartechnologye.g.‘TelexConsultants’(wherearethey
now?) or a topical phrase ‘World Wide Web’ (…was that really
before the internet?)
PROMOTERS NAME OR NOT?
Where an individual is well known within an industry or a
communityandtheservicebeingprovidedisinextricablylinked
to that person, there is a good argument for using his or her
nameinthecompanytitle.Otherwise,thereisapossibilitythat
the company could be viewed as a ‘one man band’
WEB FRIENDLY AND AVAILABLE
Makesurethatyourcompanynamewilleasilytranslateintoa
domain name AND that the domain name is actually available
to you.
AVAILABLE AT COMPANIES REGISTRATION OFFICE (CRO)
The CRO may have to refuse a name, if they believe:
j it is identical or similar, phonetically or otherwise. to a
name already appearing on the register of companies;
e.g. Fenix Enterprises Ltd V Phoenix Enterprises Ltd.
j it is offensive;
j it would suggest state sponsorship e.g. National Coal
Company Limited
Certain words or phrases such as ‘bank’ or ‘university’ will
require permission from relevant bodies such as the Central
Bank or the Dept. of Education.
Company names can be checked on www.cro.ie or on private
websites such as www.formations.ie
It is also wise to check the name against trade marks, which
canbedoneathttp://www.patentsoffice.ie/en/homepage.aspx
WHAT
MAKES
COMPANY NAME?A GREAT
COMPANIES ACT 2014 –
KEY DATES IN 2016
The Companies Act 2014 (the “Act”) came into force on 1
June 2015 and provided for an 18 month transition period
duringwhichexistingprivatecompanieswillneedtodecide
whichtypeofnewentitybestsuitstheirneeds.
Thedeadlinesforcompliancewiththerequirementto
convert Irish private limited companies to new company
typesandcertainotherobligationswilloccurduring2016.
Irish companies need to be aware of these provisions so
that they can take any actions required to achieve
compliance.AllexistingIrishprivatecompanieslimitedby
shares, being the vast majority of Irish companies, must
convert to one of two new company types below by the
deadlines noted below:
The new model form of private limited company (“LTD”) is
thecentrepieceoftheAct.Itisdesignedasasimplifiedform
of company and can have a brief one-page constitution,
unlimited objects, one director and a simplified corporate
governancestructure. 
The designated activity company (“DAC”) more closely
resemblesthepreviousprivatecompanystructureinthatit
has a two document constitution akin to the previous
Memorandum and Articles of Association and its capacity
islimitedbyadefinedsetofobjects.Also,whilemostofthe
provisionsgoverningLTDsapplyequallytoDACs,notallof
the simplified corporate governance innovations are
availabletoaDAC.Forinstance,itmusthaveaminimumof
twodirectorsanditisnotentitledtodispensewithphysical
AGMsunlessitisasingle-membercompany. Thecompany
nameofaDACwillberequiredtoendwiththewords“DAC”
or“DesignatedActivityCompany”(withpotentialknock-on
effects for company stationery, website, signage, seals,
packagingetc).
NewCompanyType Abbreviation Conversion
Deadline
PrivateCompany
limitedbyshares
LTD 30November
2016
DesignatedActivity
Company
DAC 31August2016
CREDIT GUARANTEE
(AMENDMENT) ACT 2016
The Credit Guarantee Scheme aims to help viable
businesses which have been refused conventional bank
credit facilities access a state-backed guarantee. When it
was originally introduced the guarantee covered 75% of
their loan. The borrower pays a 2% annual premium,
which partially covers the cost of providing the
guarantee.
The extension to the Act should make it easier for
small and medium sized businesses to get access to
finance. The main changes to the Credit Guarantee
scheme include:
j Broadening of the definition of lender in order to
cover additional financial product providers such as
lessors, invoice discounters and other non-bank
financiers
j Changing the definition of loan agreements to
include non-credit products such as invoice finance
and leasing, and to include overdrafts;
j Re-balancing the level of risk between the State and
the extended finance providers, with the State taking
an 80% share, up from 75% previously
j Enabling State institutions like the Strategic Banking
Corporation of Ireland to work with the Minister to
enhance the provision of credit to SMEs
j Empowering the Minister to give counter-guarantees
that will enable the SBCI to unlock matching
guarantee facilities from EU sources and thus better
share the risk across the banks, the SBCI, the
Minister and the EU sources.
Some 279 companies have availed of the Credit
Guarantee Scheme since its inception and more than
€45 million has been loaned to these companies right
across the country. It is estimated that these loans
helped to create 1,142 new jobs and to maintain 907
existing jobs.
ARE YOU LOOKING TO ACCESS FUNDING FOR YOUR BUSINESS?
businessbriefs j
5
Microfinance Ireland (MFI) is a Government initiative
set up in 2012 to provide funding to both start-up and
existing micro-enterprises that are having difficulty
accessing credit through traditional lending
channels.
Businesses that have less than 10 employees
and turnover of less than €2million annually
are eligible to apply for loan funding
between€2,000and€25,000.Awidevariety
of purposes, such as working capital, stock
and capital expenditure can be applied for
with loan terms ranging between 3 and 5
years.
The variety of businesses which have been
assistedbyfundingfromMFI,includetouristrelated
facilities, retail stores, wholesale distribution,
restaurants and many other business sectors.
MFIplanstosignificantlyincreaseitslendinginthecurrent
year and is actively encouraging loan applications
fromindividualswithviablebusinesspropositions.
At the end of 2015 MFI had approved over €11.5
million in funding supporting 1,821 jobs in 770
micro-enterprises
Applications for finance can be submitted either
directly to MFI or through their partners in the
application process, the Local Enterprise
Offices (LEOs). Applicants can avail of a 1%
discounted interest rate of 7.8% if they are
approvedforMFIfundingiftheyprocessthe
application through their Enterprise Office.
All relevant information and documents
can be accessed through Microfinance
Ireland’s website or through your nearest
Enterprise Office’s website.
BusinessesestablishedintheEUthatsellgoodsorservicesto
consumers online have to implement some changes to their
websites and consumer contracts to comply with new laws.
These changes have been introduced by an EU Regulation,
524/2013, on online dispute resolution for consumer disputes
and enacted in Ireland under the European Union (Online
DisputeResolutionforConsumerDisputes)Regulations2015.
The legislation applies to all privately owned and publicly
owned traders established in the EU which sell goods and/ or
services to consumers online or through a website.
The EU is setting up an online dispute resolution platform,
intended to facilitate resolution of consumer disputes across
the EU.
The Alternative Dispute Resolution (ADR) Directive provides
for the establishment of an ADR entity which proposes or
imposesasolutionorbringsthepartiestogetherwiththeaim
of facilitating an amicable solution to a dispute between a
trader and a consumer.
The ADR Directive does not provide for disputes initiated by a
trader or disputes between traders.
Thereisnoobligationoneitherpartytoparticipate,howeverif
thepartieschoosetodoso,eachpartytothedisputeisentitled
to express its point of view, to receive the arguments and
evidence provided by the other party, including expert reports
and is entitled to submit their comments on same. The ADR
entitymustissueanawardinwritingsettingoutthereasonsfor
its findings. The award must be made available within ninety
days of the receipt of the complaint.
Businesses that are selling online should familiarise
themselveswiththenewRegulationasitmayrequirethemto
make immediate changes to their websites and consumer
contracts
NEW LEGAL REQUIREMENTS FOR
ONLINE SALES TO CONSUMERS
6
WHAT’S THE SOLUTION?
Income protection is a policy that provides an alternative
income if you find yourself in that situation. It means you
can focus on your recovery.
Not only is Income Protection affordable, but like
private health insurance, you will enjoy tax relief on any
premiumsyoupay.Whichmakesitdoublyattractiveforthe
times we are living in.
j Itcanprovideyouwithupto75%ofyournormalincome
whenyou’reoffworkduetoillnessorinjury-eitheruntil
youreturntoworkorreachretirementage.
j Has a guaranteed level premium option which means
the cost will never go up, even if you make a claim.
j Qualifies for Tax Relief at your marginal rate.
j Pays a daily replacement income if you are in hospital
formorethansevendaysduringyourdeferredperiod.
j Should you change employers or become redundant
during the term of your policy, you will not have to
reapply and your Income Protection plan will continue
as normal.
j How you use your alternative income is up to you.
j You select when payments begin in
theeventofaclaimbychoosing
a deferred period from 13,
26 or 52 weeks
j Youchoosethetypeof
premium you pay
(guaranteed or
reviewable
premium)
j You determine
the policy term
(the ceasing
ageofthepolicy
– i.e. 55, 60 or
65 years of age)
THESE ARE JUST
SOME OF THE
BENEFITS INCOME
PROTECTION CAN
OFFER YOU.
THE FINANCIAL HEADACHE YOU FACE WHEN AN ILLNESS OR ACCIDENT PREVENTS YOU FROM WORKING
CAN BE SEVERE. YOUR HARD EARNED SAVINGS WOULD DISSOLVE VERY QUICKLY AND WHILE THE
WONDERS OF MODERN MEDICINE CAN HAVE YOU BACK ON YOUR FEET WITHIN DAYS OR WEEKS, FOR
SOME PEOPLE IT CAN TAKE MONTHS AND EVEN YEARS BEFORE THEY CAN RETURN TO WORK.
LOSING THE ABILITY TO EARN AN INCOME
COULD BE A FINANCIAL HEADACHE
legalbriefs j
CAN ANNUAL LEAVE BE ACCRUED
WHILST ON SICK LEAVE?
Following the implementation of Section 86 of Workplace
Relations Act 2015, which inserts a new section 19(1)(A)
into the Organisation of Working Time Act 1997,
employees are able to accrue annual leave while they are
absent from work on long term sick leave. This new
provisionbringstheOrganisationofWorkingTimeActinto
line with recent rulings of the Court of Justice of the EU
Since 1 August 2015, employees accumulate statutory
annual leave entitlement during a period of certified sick
leave. It also allows employees to retain annual leave they
could not take due to illness for up to 15 months after the
end of the year in which it is accrued. Employers who
leave their employment within 15 months of the end of
the year in which this annual leave was accrued, are
entitled to payment in lieu of this leave which was untaken
due to illness.
This change may have cost implications for
employers. Employers should be aware of this
amendment and review and amend their policies and
procedures on sick leave and absence to ensure that they
reflect the new provisions.
Employers should also be aware if employees are ill
during their annual leave and have a medical certificate
for the days they were ill, these sick days will not be
counted as annual leave days. Instead, they can use these
days as annual leave at a later date. An employer cannot
require an employee to take annual leave for a certified
period of illness.
MUST A NEW LANDLORD REGISTER
AS OWNER TO COLLECT RENT?
The issue of whether a Landlord who purchased property
must be registered as owner in advance of collecting rent
was determined in the recent Supreme Court case of
CamiveoLimited(“Carniveo”)vDunnesStores(“Dunnes”).
Thecourtnotedthat“oneofthemorerecentknock-oneffects
of the collapse and partial recovery of the Irish property
market has been the sale of a significant amount of
commercial property subject to existing leases”. This case
concerned the purchase by Camiveo of two shopping
centres in which Dunnes held ‘anchor tenant’ leases.
WhenCamiveoattemptedtocollecttherentduetothemas
landlord from Dunnes, they were refused. Dunnes argued
that the deeds under which Camiveo had purchased the
properties had not yet been signed and further that
Camiveo had not registered its interest in the land with the
Property Registration Authority (“PRA”), a requirement
under the Land and Conveyancing Law Reform Act 2009
(“2009 Act”). Dunnes Stores did not claim that the leases it
had signed with the previous owners were invalid and
agreedthattherewasanobligationforthemtopaytherent
due under those leases.
The court stated that the strict wording of section 25 of
the1964RegistrationofTitleAct,asamended,wouldmean
thepostponementofallrentcollectionbyCamiveountilthe
completion of the registration process. This would be an
uncertain amount of time, given the limited resources of
the PRA and the amount of registration applications
necessitatedbythe2009Act.Thecourtthenruledthestrict
application of the section would create an impermissible
situation and that the only workable solution was to allow
the PRA itself to continue to apply the section loosely. The
court comprehensively ruled for Camiveo, stating that by
paying the purchase price and acting as if they had
executed the sale contract, they had gained an “inchoate
right incapable of being defeated, and only waiting for an
official duty to be performed to become an absolute estate”.
Therefore the court in effect stated that a purchaser
could enforce rights under a leasehold interest it has
acquired,despitethefactthatthepurchaserhadnotsigned
the purchase deed and that the registration of that deed
had not been finalised in the PRA.
FLOODING – AH THE POOR
NEIGHBOURS!!
Given the increase frequency of flooding, landowners need
to be aware of the risks involved in putting in place flood
defence systems to protect their property, which may have
foreseeable (but unintended) consequences for
neighbouring properties.
There are significant risks involved in erecting a flood
defence system which acts like a dam and impedes the
natural flow of the water causing flooding to neighbouring
property. Recent case law suggests that the party affecting
thenaturalflowofwatertothedetrimentsofanothercanbe
held liable for any damage caused.
There is contradicting case law to suggest that a
landowner is entitled to protect his lands against flooding
even if it is foreseeable that the consequence of his
protection may be to increase flooding on some
neighbouring lands. It has also been argued that the
erection of a flood barrier is a reasonable use of one’s land
and a landowner is entitled to make reasonable use of his
ownlandssothatadverseconsequencesforaneighbourof
such reasonable use is not actionable.
Asisevidentfromtheforegoing,caselawonthistopicis
unclear and it appears each case is taken on its own merits.
It is advisable to seek legal advice in advance of carrying out
any works which could affect the natural flow of water and
adverselyaffectneighbouringproperties.
7
June 1944 was a very important month for Great Britain
which, as part of the Allied Expeditionary Force, launched
the Normandy landings on D-day and advanced across
Europe, ultimately driving the German forces back to
Berlin. Ironically, June 2016 could see the UK, in a totally
different era and context, “retreat” from Europe if the so-
called Brexit referendum means the British people vote on
23JunenexttoexittheEU.Latestopinionpollsshowittoo
tight to call.
Most studies show that leaving the EU would have a negative
impactontheUKeconomy.Itcouldtakeuptoadecadeforthe
full economic impact to be felt in terms of foreign direct
investment (FDI), trade flows, migration etc. Taking into
accounttheextentofourtrading(andother)relationswiththe
UK, the impact on Irish people and businesses (negative and
positive, economic and political) would surely be profound.
In terms of trade flows, it is estimated that the UK relies more
on the EU for its exports (over 40%) than the EU relies on the
UK for its exports (about 10%) so it is not hard to see how the
removal of the UK from a customs-free zone would mean, at
best, tough negotiations to secure low tariffs and, at worst,
much higher prices for trade flows between both “zones”.
FormerSupremeCourtjudgeFidelmaMackenhasestimated
that the EU and the UK would need to review about 40,000
pieces of legislation in a two-year period if the UK says “no”.
That’s an awful lot of trees!
At a recent IBEC conference, Danny McCoy described the UK
referendum as “by far” the biggest issue in a generation for
Irish business. There is no doubt Ireland would be greatly
impacted by Brexit; those trading with the UK, at a minimum,
would face administrative and regulatory cost increases (and
possibletariffstoo).ArecentESRIreportalsosuggestsBrexit
meaning a significant decline in bilateral trade, with sectors
such as agriculture, retail, energy and financial services
probably most impacted. Currently, Ireland is the UK’s fifth
largest export market and
about one-third of Ireland’s
imported goods come from
theUK.Totakeoneexample,
Brexit would have serious
implications for the Irish
agri-foodsectorasoverone-
third of Ireland’s food
exports go to the UK.
The likely weakening of
sterling as a result of Brexit
wouldalsonegativelyimpact
our international
competitiveness. One area in which Ireland could, however,
benefit from Brexit is FDI; as the only English speaking EU
member country remaining, Ireland thus becomes “the”
gateway to the Single European Market.
Returning to this island, Brexit would also mean “the” border
re-emerges and becomes an EU external border, with
associated issues like customs posts and passport controls
potentially back again if, as seems inevitable, Brexit impacts
on the free movement of goods, services and people between
the UK and the EU. This clearly also feeds into softer, non-
business issues like tourism.
As the press fills with Brexit articles, high profile figures have
come out on either side – for example, (the) Donald (Trump)
advocates a vote to exit. Maybe he will suggest in due course
another wall be built this side of the Atlantic? At least that
would mean a construction work boom...
SHOULDISTAYOR
SHOULDIGONOW:
THE UK DILEMMA OVER BREXIT
8 This Newsletter is intended to provide a general guide to the subject matter and is necessarily in a condensed form.
Advice should be taken before acting on information in it.

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OKC_2.16

  • 1. newsletter issue2 • 2016 in this issue... Y our website is the shop front to your business, and in this digital age, it’s vital to make a good impression and catch your customers at first glance. Dated text, poor graphics and shabby design can give visitors to your website a lasting perception of your company as one they cannot trust to provide a good quality service or do a professional job. In contrast, having a professional online presence will immediately reassure a potential client that your business is reliable and responsive, and that you offer great service. Your website should be welcoming and easy to use. As well as giving a great introduction to your brand, a professional website design will set you ahead of the competition and help you to stand out from the crowd. tax briefs page 3 • what makes a great company name? page 4 business briefs page 5 • legal requirements for online sales / income protection page 6 legal briefs page 7 • the uk brexit dilemma page 8 Continued Chartered Accountants & Registered Auditors Holly Mews, 29A Dartry Road, Dublin 6 Tel: +353 (0)1 4967299 Email: info@okc.ie www.okc.ie
  • 2. 2 MAKE YOUR BUSINESS STAND OUT ONLINE WITH A POSITIVE FIRST IMPRESSION! THERE ARE A FEW SPECIFIC ELEMENTS THAT ARE ESSENTIAL WHEN YOU’RE CREATING A BUSINESS PRESENCE ONLINE: 1. Your website. The website you create for your business is your online persona and it’s important to consider how you want the world to view you and your work. Presenting the right image here will be vital in getting your digital marketing plan to work for you. A professional website design can help you to create the look you want. 2. Your Google listing. Have you searched for your companynameonline?Youshouldcheckthatallresults that appear in search engines are correct, and that the details and images that appear are complimentary to your organisation. 3.Yourcompanysocialmediaprofile.Youshouldcheck thatalldetails,logosandimagesarecorrect,evenifyour profiles are not active. Dormant accounts are often subject to profile hacking so you must ensure that you are in control of your profiles – and preferably using them to boost your web presence! 4.Yourpersonalsocialmediaprofiles.Potentialclients will often research you as well as your company, so be sure that the public elements of your personal profiles present the type of image you want to portray. Tips to Improve Your Web Presence j Be current. Make sure your website and other web properties are kept up to date, and don’t leave old events, promotions or news in prominent positions on your site. j Keep it fresh. Redesign, update and modernise regularly, and make sure that you do this professionally. Websites should be reviewed on a constant basis, but should have a significant redesign at least every three years. j Be vigilant. Regularly check your site for errors, including broken links and missing images. It’s a good idea to have something in place to alert you if your site is down. j Be consistent. Make sure your company details are consistent across all platforms listed above, and check this via Google searches. j Check your branding. Ensure that you are using the same logos, branding and images across all platforms. An easily identifiable logo that looks professional and pulls all of your online marketing together is a great way to build a loyal brand following and improve the name of your business online. j Measure performance. In order to really make the most of your online presence, you need to be able to understand how it is working for you and your business. Even at a very basic level, you should know how many people are visiting your site and what they are looking at. This can help you to understand how visitors react to your site and can help to identify areas that may be problematic. Are You Proud of Your Website? Thebestwaytoapproachyourdigitalmarketingistolookat your website and other web properties and ask yourself whether you are proud to show them to your clients. If the answer is no, it’s time for a change! john@epresence.ie
  • 3. PAY AND FILE SUMMARY The following is a summary of upcoming pay and file dates: INCOME TAX Filingdateof2015returnofincome (self-assessedindividuals) 31October2016 Paypreliminaryincometaxfor2016 (self-assessedindividuals) 31October2016 On-Linepayandfiledatefor2015 returnofincome 10November2016 CAPITAL GAINS TAX PaymentofCapitalGainsTaxfor thedisposalofassetsmadefrom 1January2016to30November2016 15December2016 CORPORATION TAX FilingdateforCorporationTaxreturns foraccountingperiodsending inAugust2015 21May2016 BalancingpaymentofCorporationTax foraccountingperiodsending inAugust2015 21May2016 TERMINATION OF CARRY FORWARD OF CERTAIN UNUSED CAPITAL ALLOWANCES With effect from 1 January 2015, any unused accelerated capital allowances on certain schemes, which are carried forward beyond the "tax life" of the building or structure to whichtheyrelate,areimmediatelylost.Thisessentiallymeans thatifthe“taxlife”hasendedatanytimeuptotheendof2014, then the unused allowances are lost in 2015. Where the “tax life”isduetoendlaterthan2014,thentheallowancesarelost intheyearfollowingtheendofthe"taxlife". Taxpayers are reminded when preparing Capital Allowances Computations in order to complete the Form 11 or CT1 for 2015, they should adjust the 2014 carried forwardamounttoexcludeanybuildingorstructurewhose “tax life” has ended in 2014 or prior. Itislikelythatthisrestrictionwillresultinconsiderably higher income tax liabilities for those affected. To that end youshouldconsultwithyouradvisorassoonaspossibleto establish how this will affect you, ahead of the income tax deadlines in October. eTAX CLEARANCE The office of the Collector General has assumed responsibility for tax clearance from 1 April 2016. Tax clearance certificates can be applied for using the e-Tax clearance system on ROS for business customers or via MyAccount for PAYE. However, where a taxpayer experiences any difficulties inusingthenewe-TaxClearancesystemorhasanyqueries inregardtotaxclearancegenerally,contactshouldbemade with the Collector-General’s office at telephone number 1890 20 30 70 or by writing to the Office of the Collector- General,SarsfieldHouse,FrancisStreet,Limerick.Contact with the Collector-General’s office can also be made via MyEnquiriesifthetaxpayerisregisteredfortheservice. taxbriefs j 3 HRI ELECTRONIC SYSTEM The Home Renovation Incentive (HRI) scheme provides for tax relief for homeowners by way of an income tax credit at 13.5% of qualifying expenditure on repairs, renovations or improvements carried out to the Homeowners main home by qualifying contractors. A homeowner cannot claim a tax credit if details of the works done and payment information is not logged online by the contractor. The HRI electronic system is available on the Revenue website to enable homeowners to check if a contractor is tax compliant. Contractors can enter details of qualifying works and payment received through the HRI incentive link on ROS. The HRI scheme was due to end on 31 December 2015, however it has been extended to 31 December 2016. Homeownersareurgedtocheckon-linetoseeiftherelevant details have been updated prior to claiming the tax credit. REVERSE CHARGE & CONSTRUCTION SECTOR Revenue has increased its focus on the compliance risks in the Construction Sector in recent months, with a greater number of desk audits and site visits. Some of the issues being raised are: j Failure on the part of the Principal contractor to self account for the VAT. j Incorrect completion of the VAT invoice/document by the Sub-contractor. j Application of the two thirds rule where the VAT Reverse Charge applies. j Completing the VAT 3 incorrectly (ignoring the reverse charge altogether). j Failure to apply the VAT Reverse Charge where there is a construction supply between connected parties. Revenuehasadvisedthatthey will be paying particular attention to how VAT Reverse Charge is being operated over the coming months and penalties will be applied where appropriate.
  • 4. 4 Thenameofacompany,orindeedofanybusiness,isprobably the most important starting point in its marketing strategy. Get a company name right and you have a good start in promoting a business, but get it wrong and you will face an almost insurmountable obstacle in attracting customers. This issue is so important that in the US, the naming of companiesandproductshasbecomeanindustryinitsownright withsizablefeesbeingchargedtogetanamethatisjustright. So here are some points to remember when coming up with a name for a new company: ITSHOULDBEDESCRIPTIVE,ASSHORTASPOSSIBLE,ANDEASYTOPRONOUNCE Ideally it should try and describe what the company does. It should have two or three syllables (or even one), so that it will workonthephoneorinternetevenifpeoplehaveneverheard orseenitbefore.Iftheyhavetobetoldhowtospellitonce,that isOK(andmayevenhelpwithrecall).Butiftheyhavetobetold a second time, that is not good. Make sure to test a new name with friends and family. APPLY GOOD ALLITERATION If you do have to use a name that is long then try and create it with good alliteration. The most famous brand in the world – Coca Cola runs to four syllables, but is memorable because it rolls off the tongue. AVOID ABBREVIATIONS MostpeoplewillknowwhoIBM,HSBC,NBCanddarewesayit AIBareandwhattheydo,butrememberthesecompanieshave spentmanyyearsandmanymillionsindevelopingtheir‘brand’. Alsoavoidlongnamesthatcan,unintentionally,bereducedto just initials e.g. Ace Clerical Recruitment becomes “ACR” and loses its meaning. TRY NOT TO BE TOO PAROCHIAL Most start-up businesses initially operate in local markets. However, if you are marketing to customers that are nearby chances are they already know you. So, giving your company name a geographical element can be quite limiting when you expand beyond your locality. For example ‘Ennis Roofing CompanyLimited’isunlikelytoattractcustomersfromDublin, Donegal or Cork even though they may provide a nationwide service. TRY NOT TO BE TOO GRANDIOSE On the other side of the equation a name such as “Premium Worldwide International Widget Company limited” may invite scepticism, especially if the registered office is somebody’s garage! CHOOSE A NAME THAT WILL NOT ‘AGE’ Acompanynamewillusuallybecomedatedifitisconnectedto aparticulartechnologye.g.‘TelexConsultants’(wherearethey now?) or a topical phrase ‘World Wide Web’ (…was that really before the internet?) PROMOTERS NAME OR NOT? Where an individual is well known within an industry or a communityandtheservicebeingprovidedisinextricablylinked to that person, there is a good argument for using his or her nameinthecompanytitle.Otherwise,thereisapossibilitythat the company could be viewed as a ‘one man band’ WEB FRIENDLY AND AVAILABLE Makesurethatyourcompanynamewilleasilytranslateintoa domain name AND that the domain name is actually available to you. AVAILABLE AT COMPANIES REGISTRATION OFFICE (CRO) The CRO may have to refuse a name, if they believe: j it is identical or similar, phonetically or otherwise. to a name already appearing on the register of companies; e.g. Fenix Enterprises Ltd V Phoenix Enterprises Ltd. j it is offensive; j it would suggest state sponsorship e.g. National Coal Company Limited Certain words or phrases such as ‘bank’ or ‘university’ will require permission from relevant bodies such as the Central Bank or the Dept. of Education. Company names can be checked on www.cro.ie or on private websites such as www.formations.ie It is also wise to check the name against trade marks, which canbedoneathttp://www.patentsoffice.ie/en/homepage.aspx WHAT MAKES COMPANY NAME?A GREAT
  • 5. COMPANIES ACT 2014 – KEY DATES IN 2016 The Companies Act 2014 (the “Act”) came into force on 1 June 2015 and provided for an 18 month transition period duringwhichexistingprivatecompanieswillneedtodecide whichtypeofnewentitybestsuitstheirneeds. Thedeadlinesforcompliancewiththerequirementto convert Irish private limited companies to new company typesandcertainotherobligationswilloccurduring2016. Irish companies need to be aware of these provisions so that they can take any actions required to achieve compliance.AllexistingIrishprivatecompanieslimitedby shares, being the vast majority of Irish companies, must convert to one of two new company types below by the deadlines noted below: The new model form of private limited company (“LTD”) is thecentrepieceoftheAct.Itisdesignedasasimplifiedform of company and can have a brief one-page constitution, unlimited objects, one director and a simplified corporate governancestructure.  The designated activity company (“DAC”) more closely resemblesthepreviousprivatecompanystructureinthatit has a two document constitution akin to the previous Memorandum and Articles of Association and its capacity islimitedbyadefinedsetofobjects.Also,whilemostofthe provisionsgoverningLTDsapplyequallytoDACs,notallof the simplified corporate governance innovations are availabletoaDAC.Forinstance,itmusthaveaminimumof twodirectorsanditisnotentitledtodispensewithphysical AGMsunlessitisasingle-membercompany. Thecompany nameofaDACwillberequiredtoendwiththewords“DAC” or“DesignatedActivityCompany”(withpotentialknock-on effects for company stationery, website, signage, seals, packagingetc). NewCompanyType Abbreviation Conversion Deadline PrivateCompany limitedbyshares LTD 30November 2016 DesignatedActivity Company DAC 31August2016 CREDIT GUARANTEE (AMENDMENT) ACT 2016 The Credit Guarantee Scheme aims to help viable businesses which have been refused conventional bank credit facilities access a state-backed guarantee. When it was originally introduced the guarantee covered 75% of their loan. The borrower pays a 2% annual premium, which partially covers the cost of providing the guarantee. The extension to the Act should make it easier for small and medium sized businesses to get access to finance. The main changes to the Credit Guarantee scheme include: j Broadening of the definition of lender in order to cover additional financial product providers such as lessors, invoice discounters and other non-bank financiers j Changing the definition of loan agreements to include non-credit products such as invoice finance and leasing, and to include overdrafts; j Re-balancing the level of risk between the State and the extended finance providers, with the State taking an 80% share, up from 75% previously j Enabling State institutions like the Strategic Banking Corporation of Ireland to work with the Minister to enhance the provision of credit to SMEs j Empowering the Minister to give counter-guarantees that will enable the SBCI to unlock matching guarantee facilities from EU sources and thus better share the risk across the banks, the SBCI, the Minister and the EU sources. Some 279 companies have availed of the Credit Guarantee Scheme since its inception and more than €45 million has been loaned to these companies right across the country. It is estimated that these loans helped to create 1,142 new jobs and to maintain 907 existing jobs. ARE YOU LOOKING TO ACCESS FUNDING FOR YOUR BUSINESS? businessbriefs j 5 Microfinance Ireland (MFI) is a Government initiative set up in 2012 to provide funding to both start-up and existing micro-enterprises that are having difficulty accessing credit through traditional lending channels. Businesses that have less than 10 employees and turnover of less than €2million annually are eligible to apply for loan funding between€2,000and€25,000.Awidevariety of purposes, such as working capital, stock and capital expenditure can be applied for with loan terms ranging between 3 and 5 years. The variety of businesses which have been assistedbyfundingfromMFI,includetouristrelated facilities, retail stores, wholesale distribution, restaurants and many other business sectors. MFIplanstosignificantlyincreaseitslendinginthecurrent year and is actively encouraging loan applications fromindividualswithviablebusinesspropositions. At the end of 2015 MFI had approved over €11.5 million in funding supporting 1,821 jobs in 770 micro-enterprises Applications for finance can be submitted either directly to MFI or through their partners in the application process, the Local Enterprise Offices (LEOs). Applicants can avail of a 1% discounted interest rate of 7.8% if they are approvedforMFIfundingiftheyprocessthe application through their Enterprise Office. All relevant information and documents can be accessed through Microfinance Ireland’s website or through your nearest Enterprise Office’s website.
  • 6. BusinessesestablishedintheEUthatsellgoodsorservicesto consumers online have to implement some changes to their websites and consumer contracts to comply with new laws. These changes have been introduced by an EU Regulation, 524/2013, on online dispute resolution for consumer disputes and enacted in Ireland under the European Union (Online DisputeResolutionforConsumerDisputes)Regulations2015. The legislation applies to all privately owned and publicly owned traders established in the EU which sell goods and/ or services to consumers online or through a website. The EU is setting up an online dispute resolution platform, intended to facilitate resolution of consumer disputes across the EU. The Alternative Dispute Resolution (ADR) Directive provides for the establishment of an ADR entity which proposes or imposesasolutionorbringsthepartiestogetherwiththeaim of facilitating an amicable solution to a dispute between a trader and a consumer. The ADR Directive does not provide for disputes initiated by a trader or disputes between traders. Thereisnoobligationoneitherpartytoparticipate,howeverif thepartieschoosetodoso,eachpartytothedisputeisentitled to express its point of view, to receive the arguments and evidence provided by the other party, including expert reports and is entitled to submit their comments on same. The ADR entitymustissueanawardinwritingsettingoutthereasonsfor its findings. The award must be made available within ninety days of the receipt of the complaint. Businesses that are selling online should familiarise themselveswiththenewRegulationasitmayrequirethemto make immediate changes to their websites and consumer contracts NEW LEGAL REQUIREMENTS FOR ONLINE SALES TO CONSUMERS 6 WHAT’S THE SOLUTION? Income protection is a policy that provides an alternative income if you find yourself in that situation. It means you can focus on your recovery. Not only is Income Protection affordable, but like private health insurance, you will enjoy tax relief on any premiumsyoupay.Whichmakesitdoublyattractiveforthe times we are living in. j Itcanprovideyouwithupto75%ofyournormalincome whenyou’reoffworkduetoillnessorinjury-eitheruntil youreturntoworkorreachretirementage. j Has a guaranteed level premium option which means the cost will never go up, even if you make a claim. j Qualifies for Tax Relief at your marginal rate. j Pays a daily replacement income if you are in hospital formorethansevendaysduringyourdeferredperiod. j Should you change employers or become redundant during the term of your policy, you will not have to reapply and your Income Protection plan will continue as normal. j How you use your alternative income is up to you. j You select when payments begin in theeventofaclaimbychoosing a deferred period from 13, 26 or 52 weeks j Youchoosethetypeof premium you pay (guaranteed or reviewable premium) j You determine the policy term (the ceasing ageofthepolicy – i.e. 55, 60 or 65 years of age) THESE ARE JUST SOME OF THE BENEFITS INCOME PROTECTION CAN OFFER YOU. THE FINANCIAL HEADACHE YOU FACE WHEN AN ILLNESS OR ACCIDENT PREVENTS YOU FROM WORKING CAN BE SEVERE. YOUR HARD EARNED SAVINGS WOULD DISSOLVE VERY QUICKLY AND WHILE THE WONDERS OF MODERN MEDICINE CAN HAVE YOU BACK ON YOUR FEET WITHIN DAYS OR WEEKS, FOR SOME PEOPLE IT CAN TAKE MONTHS AND EVEN YEARS BEFORE THEY CAN RETURN TO WORK. LOSING THE ABILITY TO EARN AN INCOME COULD BE A FINANCIAL HEADACHE
  • 7. legalbriefs j CAN ANNUAL LEAVE BE ACCRUED WHILST ON SICK LEAVE? Following the implementation of Section 86 of Workplace Relations Act 2015, which inserts a new section 19(1)(A) into the Organisation of Working Time Act 1997, employees are able to accrue annual leave while they are absent from work on long term sick leave. This new provisionbringstheOrganisationofWorkingTimeActinto line with recent rulings of the Court of Justice of the EU Since 1 August 2015, employees accumulate statutory annual leave entitlement during a period of certified sick leave. It also allows employees to retain annual leave they could not take due to illness for up to 15 months after the end of the year in which it is accrued. Employers who leave their employment within 15 months of the end of the year in which this annual leave was accrued, are entitled to payment in lieu of this leave which was untaken due to illness. This change may have cost implications for employers. Employers should be aware of this amendment and review and amend their policies and procedures on sick leave and absence to ensure that they reflect the new provisions. Employers should also be aware if employees are ill during their annual leave and have a medical certificate for the days they were ill, these sick days will not be counted as annual leave days. Instead, they can use these days as annual leave at a later date. An employer cannot require an employee to take annual leave for a certified period of illness. MUST A NEW LANDLORD REGISTER AS OWNER TO COLLECT RENT? The issue of whether a Landlord who purchased property must be registered as owner in advance of collecting rent was determined in the recent Supreme Court case of CamiveoLimited(“Carniveo”)vDunnesStores(“Dunnes”). Thecourtnotedthat“oneofthemorerecentknock-oneffects of the collapse and partial recovery of the Irish property market has been the sale of a significant amount of commercial property subject to existing leases”. This case concerned the purchase by Camiveo of two shopping centres in which Dunnes held ‘anchor tenant’ leases. WhenCamiveoattemptedtocollecttherentduetothemas landlord from Dunnes, they were refused. Dunnes argued that the deeds under which Camiveo had purchased the properties had not yet been signed and further that Camiveo had not registered its interest in the land with the Property Registration Authority (“PRA”), a requirement under the Land and Conveyancing Law Reform Act 2009 (“2009 Act”). Dunnes Stores did not claim that the leases it had signed with the previous owners were invalid and agreedthattherewasanobligationforthemtopaytherent due under those leases. The court stated that the strict wording of section 25 of the1964RegistrationofTitleAct,asamended,wouldmean thepostponementofallrentcollectionbyCamiveountilthe completion of the registration process. This would be an uncertain amount of time, given the limited resources of the PRA and the amount of registration applications necessitatedbythe2009Act.Thecourtthenruledthestrict application of the section would create an impermissible situation and that the only workable solution was to allow the PRA itself to continue to apply the section loosely. The court comprehensively ruled for Camiveo, stating that by paying the purchase price and acting as if they had executed the sale contract, they had gained an “inchoate right incapable of being defeated, and only waiting for an official duty to be performed to become an absolute estate”. Therefore the court in effect stated that a purchaser could enforce rights under a leasehold interest it has acquired,despitethefactthatthepurchaserhadnotsigned the purchase deed and that the registration of that deed had not been finalised in the PRA. FLOODING – AH THE POOR NEIGHBOURS!! Given the increase frequency of flooding, landowners need to be aware of the risks involved in putting in place flood defence systems to protect their property, which may have foreseeable (but unintended) consequences for neighbouring properties. There are significant risks involved in erecting a flood defence system which acts like a dam and impedes the natural flow of the water causing flooding to neighbouring property. Recent case law suggests that the party affecting thenaturalflowofwatertothedetrimentsofanothercanbe held liable for any damage caused. There is contradicting case law to suggest that a landowner is entitled to protect his lands against flooding even if it is foreseeable that the consequence of his protection may be to increase flooding on some neighbouring lands. It has also been argued that the erection of a flood barrier is a reasonable use of one’s land and a landowner is entitled to make reasonable use of his ownlandssothatadverseconsequencesforaneighbourof such reasonable use is not actionable. Asisevidentfromtheforegoing,caselawonthistopicis unclear and it appears each case is taken on its own merits. It is advisable to seek legal advice in advance of carrying out any works which could affect the natural flow of water and adverselyaffectneighbouringproperties. 7
  • 8. June 1944 was a very important month for Great Britain which, as part of the Allied Expeditionary Force, launched the Normandy landings on D-day and advanced across Europe, ultimately driving the German forces back to Berlin. Ironically, June 2016 could see the UK, in a totally different era and context, “retreat” from Europe if the so- called Brexit referendum means the British people vote on 23JunenexttoexittheEU.Latestopinionpollsshowittoo tight to call. Most studies show that leaving the EU would have a negative impactontheUKeconomy.Itcouldtakeuptoadecadeforthe full economic impact to be felt in terms of foreign direct investment (FDI), trade flows, migration etc. Taking into accounttheextentofourtrading(andother)relationswiththe UK, the impact on Irish people and businesses (negative and positive, economic and political) would surely be profound. In terms of trade flows, it is estimated that the UK relies more on the EU for its exports (over 40%) than the EU relies on the UK for its exports (about 10%) so it is not hard to see how the removal of the UK from a customs-free zone would mean, at best, tough negotiations to secure low tariffs and, at worst, much higher prices for trade flows between both “zones”. FormerSupremeCourtjudgeFidelmaMackenhasestimated that the EU and the UK would need to review about 40,000 pieces of legislation in a two-year period if the UK says “no”. That’s an awful lot of trees! At a recent IBEC conference, Danny McCoy described the UK referendum as “by far” the biggest issue in a generation for Irish business. There is no doubt Ireland would be greatly impacted by Brexit; those trading with the UK, at a minimum, would face administrative and regulatory cost increases (and possibletariffstoo).ArecentESRIreportalsosuggestsBrexit meaning a significant decline in bilateral trade, with sectors such as agriculture, retail, energy and financial services probably most impacted. Currently, Ireland is the UK’s fifth largest export market and about one-third of Ireland’s imported goods come from theUK.Totakeoneexample, Brexit would have serious implications for the Irish agri-foodsectorasoverone- third of Ireland’s food exports go to the UK. The likely weakening of sterling as a result of Brexit wouldalsonegativelyimpact our international competitiveness. One area in which Ireland could, however, benefit from Brexit is FDI; as the only English speaking EU member country remaining, Ireland thus becomes “the” gateway to the Single European Market. Returning to this island, Brexit would also mean “the” border re-emerges and becomes an EU external border, with associated issues like customs posts and passport controls potentially back again if, as seems inevitable, Brexit impacts on the free movement of goods, services and people between the UK and the EU. This clearly also feeds into softer, non- business issues like tourism. As the press fills with Brexit articles, high profile figures have come out on either side – for example, (the) Donald (Trump) advocates a vote to exit. Maybe he will suggest in due course another wall be built this side of the Atlantic? At least that would mean a construction work boom... SHOULDISTAYOR SHOULDIGONOW: THE UK DILEMMA OVER BREXIT 8 This Newsletter is intended to provide a general guide to the subject matter and is necessarily in a condensed form. Advice should be taken before acting on information in it.